An employee reported an injury sustained on the job on July 27, 2018, after falling into a pothole on the employer's premises. The injury was initially treated by physicians referred by the employer. Subsequent MRI scans revealed a "subchondral fracture at the talus" in the employee's foot. Although a doctor's note recommended the employee be referred to Orthopedics for further treatment, neither the employee nor her attorney were aware of this referral. Instead, the employer provided the employee with a panel of four physicians to select a new treating physician, after the employee's phone call to a workers' compensation adjuster.
The employee eventually received treatment from Dr. Jefferson Sabatini, but without concrete results. Dr. Sabatini himself noted that he couldn't find a clear reason for the employee's continued pain and suggested she might need a second opinion. Although the employee sought this second opinion through the trial court, the employer tried to vacate this decision, citing previous case law which indicated that once an employee had selected a second physician, the employer was under no obligation to provide another. The trial court sided with the employee, highlighting that the employer's initial failure to heed medical advice had necessitated the employee's request for a panel of doctors prematurely. Therefore, the employee was still entitled to a second opinion. This decision was upheld by the appellate court, noting the employer's obligation to the initial recommendation and the inequity in preventing the employee from receiving a second opinion.
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